River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1887-05-26

jury alleged to have been done. said carrier |
shall be relieved of liability to the complain !
tant only for the particular violation OF law
thus complained Of Ii such carrier shall
not satisfy the complaint within the time
specified, or there shall appear 20 be any
reasonable ground for Investigating said
complaint, It shall be the duty of the Com
mission % investigate the matters com
planned Of in such manner aud by such
means as il shall deem proper.
INVESTIGATION ii COMMISSIONS
Said Commission shall in like manner in
vestigate any complaint forwarded by the
railroad commissioner OF railroad commits
sion of any State or Territory, at the re
quest Of such commissioner o. commission.
ana may institute any inquiry on its motion
in the same manner and TO the same effect
as though complaint had been made
No complaint shall az any time be dis
missed because OF the absence of direct
damage to the con plainant-
FINDINGS PKDn FAcIE EVIDENCE.
See. H. That whenever an investigation
shall be made by said Commission, it shall
be its duty to make a report in writing in
respect thereto, which shall include the find
ings Of fact upon which the conclusions Of
the Commission are based. together with its
recommendation as 10 what reparation, if
any, should be made by the cOuImon car
rier g any party or parties who may be
found TO have been injured and such find
ings SO made shall thereafter. in all judicial
proceedings, be deemed prima facie evil
dence as TO each and every fact found.
REPORTS or ISvEsTfoArioNs.
All reports of investigation made by the
Commission shall be entered Of record and
a copy thereof shall be furnished TO the
party who may have complained, and TO
any common carrier that may have been
complained Of
NCTIFICATIOS or VIOLATION or ACT.
z IN, an. ,.,.-, =, ,,-t,;al, So,
vestigation shall be made by said Commits
sion it shall he made 10 appear 10 the salts
faction Of the Commission, either by the
testimony Of witnesses or other evidence,
that anything has been done or omitted to
be done in violation of the provisions of this
act, or Of any law cognizable by said Com
mission, by any common carrier, or that
any injury or damage has been sustained
by the party or parties complaining. or Dy
other parties aggrieved IN consequence Of
any such violation, il shall be the duty OF
| the Commission 10 forthwith cause copy
of its report in respect thereto 10 be dCliv-
cred To such common carrier together with
q notice 20 said common carrier TO cease
and desist from such violation, or TO make
reparatiOn for the injury found 10 have been
be specified by the Commission; and if
within tine time specified. IL shall be made
to appear to the Commission that such com
mon carrier has ceased from such violation
/ jury found TO have been done, in compli-
ance with the report and notice Of the Com
mission, or to the satisfaction of the party
| complaining, n statement 10 that effect shall
be entered of record by the Commission,
and the said common carrier shall thereup-
/ on be relieved from further liability or pen
| atty for such particular violation OF law.
! PETITION TO THE UNITED STATES COURT.
Sec l6. That whenever any common car
| rier, as defined in and subject TO the provis-
| ions of this act, shall vioiata or refuse or
| neglect TO obey any lawful order or require
ment of the Commission i'll this act named.
| IL shall be the duty of the Commission, and
| lawful for any company or person interest
ed in such order or requirement, to apply,
in summary way, by petition, TO the cir
/ cult court OF the United States sitting in
| equity in the judicial district in which the
common carrier complained of has It's prin
! cipal office, c. in which the violation or dis
obedience OF such order or Requirement shall
happen, alleging such violation or disobedi
ence, as the case may be; and the said court
shall have power % hear and determine the
matter on such short notice to the common
carrier complained Of as tire court shall
deem reasonable: and such notice NAV ht
served on such common carrier, his or lis
officers agents, or servants, III such man
ner as the court shall direct: and said court
shall proceed to hear and determine the
matter spe Oily as a court of equity. and
| without the formal pieadings and proceed
ings applicable 70 ordinary suits in equity
but IN such manner as to DO jus
tice in the premises; and tC
this end such court shall have power, if il
think fit, to direct and prosecute in sucl
mode and by such persons rs it may
appoint, all such inquiries as the court may
think needful 20 enable it to form a JUS
Judgment in the matter Of such petition
and on such hearing the report Of said
Commission shall be prima facie evidence
| of the matters therein stated.
INJUNCTION.
and if it be made to appear to such court
| on such hearing or on report Of any such
person or persons, that the lawful order OF
requirement of said Commission drawn in
question has been violated or disobeved il
shall be lawful for such court to issue 9
| writ of injunction or other proper process
| mandatory or otherwise. to restrain sucl
common carrier from further continuing
| such violation or disObedience Of such order
| or requirement of said Commission. and
| enjOlniuC obedience to the same; and in
case OF any disObedience OF any such writ
of Injunction or other proper process.
! mandatory or otherwise, it shall be lawful
/ for such court to issue writs of attachment,
| or any other process OF said court incident
or applicable to writs of injunction,
| or other proper process. mandatory or
/ otherwise, against such common carrier,
| and If a corporation against enc or more of
/ the directors, officers, or agents of the same,
e
! receiver, or other person falling TO obey
| such writ of injunction or other proper pro
| cess, mandatory or otherwise.
PUNISHMENT OF VIOLATION or ACT.
| And said court may, if it shall think Sit,
make an order directing such common
/ carrier or other Pc son so disobeying such
J writ of Injunction or other proper process.
/ mandatory or otherwise, TO pay such sum
/ of money not exceeding for each carrier
I % in def gE1r4a of ffFrnh hmm
4 dred dollars for every day after day to
/ be named in the order that such carrier or
| other person shall fail to obey such iniunc-
/ ton or other proper process, mandatory or
/ otherwise; and such moneys shall be pay
1 able as the court shall direct, either to the
party complaining, or into court to abide
| tLe ultimate decision OF the court, or into
| the Treasury; and payment thereof may,
I without prejudice to any other mode of
| recovering the same. be enforced by attach
ment or order in the nature Of q writ Of
execution, n ike manner as If the same had
been recovered toy final decree III per
sonam in such court.
AafEAL 70 SUPREME COURT.
When the subject in dispute shall be OF
the value Of two thousand dollars or more,
either party 10 such proceeding before said
court may appeal to the Supreme Court of
the United States, under the same regula-
lions now provided BY law in respect of
HEIttAtN AbI Sutu uFtfodA. buL suth dNpetl
shall not operate to stay or supersede the
order Of the court or the execution Of any
writ or process thereon; and such court
may, in every such matter, order the pay
meut of such costs and counsel fees as shall
| be deemed reasonable. Whenever any
such petition shall he filed or presented by
the Commission it shall be the duty ct the
district attorney, under the direction of
the Aforementioned of the United States.
q prosecute the same; and the costs and
expenses of such prosecution shall be paid
ont ct the appropriation for the expenses
of the courts of the United States. For tho
purposes of this act, excepting It's penal
provisions, the circuit courts OF the United
States shall be deemed to be al says in
session.
MANNER OF CoNDUCTING BUSINESS,
Sec. H. That the Commission may con
duet ITS proceedings in such manner as
VIII best conduce to the proper dispatch Of
business and to the ends of justice 4
majority Of the Commission shall con-
stitute O quorum for the transaction Of
business. but no Commissioner shall
participate in any hearing or proceeding IA
which he has any pecuniary interest. Sa
Commission may. from time to time, max
or amend such general rules or orders as
may be requisite for the order and regula-
ton Of proceedings before IT, including
forms OF notices and the service thereof,
which shall conform, as nearly rs may be,
to those in use in the courts of the United
States. Any party may appear before said
Commission and be heard. in person or by
attorney Every vote ana official act Of
the Commission shall be entered of record.
and It's proceedings shall be pablo
upon the request OF either party interested.
Seid Commission shall have an official seal.
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